A particular court docket in Mumbai sentenced a 47-year-old man to a few years jail for possession of over 200 grams of opium. The court docket granted leniency to the person citing that he was HIV optimistic.
The person, a resident of Rajasthan, was booked by the Mumbai police in 2011, after a tip-off was obtained that he was carrying medication. The police apprehended him at a bus depot within the northern suburbs of the town and performed search.
The police claimed that he was discovered with 293 grams of opium, which was detected by a drug detection equipment at first after which confirmed by a chemical evaluation.
After he was convicted, he sought leniency on the bottom that he was affected by HIV.
Court docket explains line of thought
“The accused has been discovered possessing intermediate amount of opium on the market a decade in the past. The file of the proceedings reveals that he has contributed within the protracting and prolonging of the trial. However since he’s already affected by a severe illness as per the file, a lenient view may be taken,” Particular Choose S E Bangar mentioned in his order handed on Monday.
The accused had claimed that there have been varied procedural flaws within the case together with non-compliance of the Narcotic Medication and Psychotropic Substances Act.
The court docket, nevertheless, mentioned that the defence has not been capable of present it any prejudice has been brought on to the accused attributable to it. It additionally mentioned that any lapse or delay in compliance by itself wouldn’t vitiate the trial. It mentioned that the prosecution has adhered to the authorized framework prevailing on the time of seizure and sampling.
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